The California Dog Bite Statute & Strict Liability
California Civil Code Section 3342(a)
The owner of any dog is liable for the damages suffered
by any person who is bitten by the dog while in a public place or
lawfully in a private place, including the property of the owner of
the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the
private property of such owner within the meaning of this section
when he is on such property in the performance of any duty imposed
upon him by the laws of this state or by the laws or postal
regulations of the United States, or when he is on such property upon
the invitation, express or implied, of the owner.
The California dog bite statute makes dog owners strictly liable when their dog bites another person. Note that the statute only creates strict liability for injuries caused by dog bites, not for other actions such as jumping or scratching. Case law has reasoned that strict liability for dog bites is maintained even where the bite itself does not break the skin so long as the bite causes injury. Furthermore, only the owner of a dog is strictly liable under the statute. If one is just the “keeper” of a dog, that is someone who only harbors the animal, they would not be strictly liable under the statue when the dog bites another. The term “owner” is not defined by case law but often applies to the purchaser and financially responsible party. For instance, if one bought a German Shepherd, paid for its license and veterinary visit, and was often seen walking the dog, should the German Shepherd bite another person the purchaser who regularly walks the dog may fairly be said to be the dog’s “owner.”